Suggested Amendments to

ADMISSION AND PRACTICE RULES (APR)

 

RULE 6. Law Clerk Program

 

Submitted by the WSBA Board of Governors

 

A.           Name of Proponent:         

 

Brian Tollefson, WSBA President

 

B.           Spokesperson:

Bobby Henry

Associate Director, Regulatory Services Department

 

Renata de Carvalho Garcia, Chief Regulatory Counsel

 

C.   Purpose:

The suggested amendments to APR 6 and the law clerk program regulations are intended to clarify and expand the program requirements, provide for increased accessibility to the program, and to make the program more efficient to administer by the Law Clerk Board (Board) and Washington State Bar Association (WSBA) staff.

Background: The Board submitted these suggested amendments to APR 6 and the Law Clerk Program Regulations for consideration by the WSBA Board of Governors on July 16, 2021 for first review. The Board of Governors unanimously approved the suggested amendments.

APR 6: Many of the suggested changes are meant to address issues that come up frequently and need more clarity to provide the Board with consistency in its decision‑making and approval process. Significant elements of the submission are the following:

·         Out-of-State Applicants and Employers

The Law Clerk Program was only available to Washington State residents, but this limitation was challenged by applicants working in states bordering Washington. The Board recommends a new provision in APR 6(b)(8) allowing  a law clerk to have an out-of-state employer when certain criteria are met. This change will provide more opportunities to those out-of-state applicants who may live in Washington and work in a bordering state. An out-of-state applicant must meet specific criteria by maintaining a caseload of 51 percent of Washington law. This criteria effectively minimizes applicants from non-bordering states. The proposed provision includes the following main requirements for an applicant with an out-of-state employer, as outlined in proposed Regulation 3-1(A)(3):

o   The primary tutor must be an active member of the WSBA.

o   The primary tutor must certify that the tutor’s, or the tutor’s workplace, has a caseload with at least 51 percent of caseload involving Washington law.

o   The tutor must agree to maintain a caseload that has substantial contact with Washington State. “Substantial contact” means having a caseload where at least 51 percent of the cases on average in a given year involve Washington law. The tutor will be required to submit an annual certification regarding Washington caseload to remain eligible.

 

o   Law clerks and tutors are required to attend evaluations, regardless of distance.

·         Tutor Qualifications

o   The amendment to Rule 6(c) expands tutor eligibility to include judicial members instead of limiting proposed tutors to elected judges.

·         Certificates

o   Amending the deadline for submission of exams to 10 days rather than 10 business days so the due date is consistent rather than changing month to month. This proposed change would prevent clerks from being too far into the next month of study before completing their exams for the prior month of study. It also provides a consistent deadline that is easy to calculate, remember and administer. Rule 6 (e)(2).

·         Evaluations

o   Permitting the Board to determine the intervals at which a law clerk and tutor must appear for an evaluation. This would clarify that it is the Board’s decision whether it is necessary for a law clerk to participate in an evaluation of the law clerk’s progress with the tutor. Rule 6(e)(4).

Additional proposed changes seek to resolve issues that cause confusion to participants and Board members:

·         Clarification to ensure applicants to the program understand that completion of the APR 6 law clerk program meets the educational requirements for applying for the lawyer bar examination in Washington State. Rule 6(a).

·         The course of study must be completed within 6 years from the law clerk’s date of enrollment. This amendment removes the word “initial” to account for the possibility of more than one enrollment period. Rule 6(d)(3).

·         Adding the word “timely” and removing confusing language that is or may be misconstrued as inconsistent that is contained in APR 6(e)(2) (providing that certificates are due “within 10 business days following the end of the month) and APR 6(g)(2) (certificates are due “at the end of each month in which they are due”).